I didnt blow in the machine, so how can they prove I was DUI. As attorneys we hear this frequently. Your refusal to blow can be considered against you, but, by itself will not be enough to result in a conviction. The officer will have the burden of proving that you were under the influence of some substance, such that it made you an unsafe driver. He will conduct field sobriety tests of your motor skills. He will listen to your speech, observe your demeanor, among other things. As a prosecutor I tried a case where the suspected DUI driver dropped his wallet and then fell on his face when he bent over to get it. Clearly, a less safe driver. Easy conviction. I handled a case as a defense attorney where the video showed my client perform the field sobriety tests better than the officer who demonstrated them. Charge dismissed.
Posted on: Tue, 18 Mar 2014 20:02:18 +0000
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